Thomas J. Kempton v. Southern Flavor Real Estate, LP

Summary

The Georgia Court of Appeals affirmed summary judgment for Southern Flavor Real Estate in a nuisance action involving light emitted by a commercial greenhouse. The court held that the greenhouse was lawfully operated in a properly zoned agricultural location and therefore could constitute a nuisance only if operated illegally. A special concurrence questioned whether that rule is consistent with the plain language of Georgia's nuisance statute, OCGA § 41-1-1, but recognized that the Court of Appeals is bound by Supreme Court precedent.

Holdings

1. An act authorized by law and performed as the law authorizes cannot constitute a nuisance merely because it causes inconvenience or damage to a neighbor; when the act is lawful in itself, nuisance liability requires that it be conducted in an illegal manner or in a manner inconsistent with the area. Because Southern Flavor's greenhouse was lawfully operated on agricultural-zoned property and in a manner ordinarily associated with greenhouse operations, it was not a nuisance under the circumstances presented.
2. Summary judgment for Southern Flavor was proper because the undisputed evidence showed that it was entitled to judgment as a matter of law on Kempton's nuisance claim.

Questions Presented

1. Whether the greenhouse's light emissions constituted a nuisance despite Southern Flavor's lawful operation of a permitted greenhouse on property zoned for agricultural use.
2. Whether summary judgment was proper where the undisputed facts showed that Southern Flavor operated the greenhouse lawfully and in a manner consistent with the character of the area.

Disposition

affirmed